Commonwealth Numbered Acts

TAXATION LAWS AMENDMENT ACT 1984No. 123, 1984 - SECT 119

119. Section 218 of the Principal Act is amended-

   (a)  by omitting paragraphs (1) (i) and (ii) and substituting the following
        paragraphs:

"(e) so much of the money as is sufficient to pay the amount due by the
taxpayer in respect of tax or, if the amount of the money is equal to or less
than the amount due by the taxpayer in respect of tax, the amount of the
money; or

   (f)  such amount as is specified in the notice out of each payment that the
        person so notified becomes liable from time to time to make to the
        taxpayer until the amount due by the taxpayer in respect of tax is
        satisfied,"; and

   (b)  by omitting sub-section (6) and substituting the following
        sub-sections:

"(6) Where-

   (a)  money has been paid by a person to a building society in respect of
        the issue of shares in the capital of the society (not being shares
        listed for quotation on a Stock Exchange); and

   (b)  the money has not been repaid,
the money shall, for the purposes of this section, be taken-

   (c)  in a case where the money is repayable on demand-to be due by the
        building society to the person; or

   (d)  in any other case-to be money that may become due by the building
        society to the person.

"(6A) Where, but for this sub-section, money is not due, or repayable on
demand, to a person unless a condition is fulfilled, the money shall be taken,
for the purposes of this section, to be due, or repayable on demand, as the
case may be, to the person notwithstanding that the condition has not been
fulfilled.

"(6B) In this section-
'building society' means a society registered or incorporated as a building
society, co-operative housing society or other similar society under the law
in force in a State or Territory;
'person' includes a company, a partnership, the Commonwealth, a State, a
Territory and any public authority (whether incorporated or unincorporated) of
the Commonwealth or a State or Territory;
'tax' includes-

   (a)  additional tax under section 207 or Part VII;

   (b)  an amount that a person is liable to pay to the Commissioner under
        Division 1A, 2, 3 or 3A;

   (c)  a judgment debt or costs in respect of-

        (i)    tax;

        (ii)   additional tax under section 207 or Part VII; or

        (iii)  an amount that a person is liable to pay to the Commissioner
               under Division 1A, 2, 3 or 3A;

   (d)  any fine or costs imposed by a court in respect of-

        (i)    an offence against this Act or the regulations; or

        (ii)   any other taxation offence within the meaning of Part III of
               the Taxation Administration Act 1953 that relates to this Act
               or the regulations; or

   (e)  any amount ordered by a court, upon the conviction of a person for an
        offence of a kind referred to in paragraph (d), to be paid by the
        person to the Commissioner;
'taxpayer' includes a person who is liable to pay an amount to the
Commissioner under Division 1A, 2, 3 or 3A.".